Jackson v Salisbury [2000] FCA 1102

FEDERAL COURT OF AUSTRALIA

Jackson v Salisbury [2000] FCA 1102 BANKRUPTCY - property vested in bankrupt at bankruptcy - bankrupt's moiety interest in Crown lease property transferred to third party shortly before bankruptcy - transfer not registered - bankrupt remained registered owner of moiety interest in property - whether transfer occurred or whether payment to bankrupt by third party was merely a loan - whether Minister of Lands consented to the transfer - extent of bankrupt's property which vested in trustee - whether trustee obtained some equitable interest in property by reason of s 135 of Bankruptcy Act 1966 (Cth) on basis that he may have disclaimed transfer as an "unprofitable contract" or may have had a lien for any expenses bankrupt had paid in respect of property between transfer and bankruptcy - significance of interest in property being retransferred from third party back to the respondent after discharge from bankruptcy - whether valid transfer of third party's legal and equitable interest back to bankrupt. Bankruptcy Act 1966 (Cth) ss 58(1), 81, 133(1A), 133(1AB), 133(4), 133(5A) Crown Lands Act 1929 ss 225, 226, 227(1), Pt 12 Evidence Act 1995 (Cth) s 62 and s 63 Hill v O'Brien (1938) 61 CLR 96 considered Hensley v Reschke (1914) 18 CLR 452 considered In re Symon; Public Trustee v Symon [1944] SASR 102 referred to Harrington v Keene (1975) 11 SASR 361 referred to Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 referred to Forster v Jododex Aust Pty Ltd (1972) 127 CLR 421 referred to University of New South Wales v Moorehouse & Angus Robertson (Publishers) Pty Ltd (1975) 133 CLR 1 referred to IN THE MATTER OF RONALD FRANCIS DESMOND SALISBURY JACKSON v SALISBURY S 7178 OF 1999 MANSFIELD J 9 AUGUST 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA